• Rent related matter- Leave & licence agreement.

Sir, I live on rent a 2 BHK Flat in a society from 2011 with a L&L notarised licence between the owner and myself for 33 months at Panvel,Navi Mumbai. My query is as follows -
Is the agreement to be registered ?
The rent is paid in cash and no receipt is issued by the Flat Owner.
The Flat owner is an employee of a Central Govt.
The increase in rent is 10% after completion of 11 months.
I shall be grateful if you kindly advice on the following -
Can the Flat Owner tell me to vacate the flat after completion of 33 months?
I am paying the rent regularly by 1st week of every month.
kindly advice,
S.Chanda - 9167904039
Asked 3 years ago in Property Law from Panvel, Maharashtra
Hello,

Thank you for posting your query.

Yes, it is a legal requirement to get the rent agreement registered, since unregistered documents cannot be used in evidence effectively.

Because the term of tenancy is for 33 months, hence the flat owner can ask you to vacate the flat after completion of the said period. However, in order to get the premises vacated (in case you are unwilling to do so after he gives you notice for the same), the flat owner needs to file a case before the court of competent jurisdiction. 

You mentioned that you are paying the rent in cash and not getting any receipts for it. This may pose a problem for you to prove to prove that you had been regular in paying the rent before the court of law.

Regards,
Nishant
Nishant Bora
Advocate, Jodhpur
111 Answers
31 Consultations
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Whether the agreement is leave and license or tenancy will depend on the wording of the agreement. However, neither requires registration. payment of rent in cash may create problems in establishing either license/tenancy or up to date rent payment.

If tenancy, the landlord may file an eviction case on grounds given in your local rent control laws; if license, the landlord may file eviction case under transfer of property act.
Prabhat Shroff
Advocate, Kolkata
141 Answers
39 Consultations
3.8 on 5.0

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